Competenţa specială în materia contractelor cu consumatorii: Studiu de caz

Abstract

The jurisdiction regulation applicable in the EU Member States has the vocation to govern all civil and commercial legal matters, in the absence of express limitations provided in its content. In addition to the general rule establishing the jurisdiction to settle a specific case with internationality elements in favor of the courts of the defendant's domicile, the Regulation also sets out a number of other special provisions, including, among others, litigation arising out of consumer contracts. Special rules of jurisdiction have been set out in this matter, in order to protect the consumer, who is considered the weaker part of the contract from an economic and informational point of view. Exceptions to these special jurisdictional rules have been also provided, given the significantly closer balance found in certain contracts between the rights and obligations of the signatory parties, professional (economic operator) and consumer. This article aims to address the issue of the derogation from the special rules of competence established in favor of consumers and, in particular, the interplay between these derogations and the Directive on unfair terms in consumer contracts.